Case: Won v. Amazon.com, Inc.

Won v. Amazon.com

COMPLAINT against Amazon.com Sales, Inc., Amazon.com Services LLC, Amazon.com, Inc. filing fee $ 402, receipt number ANYEDC-14493450 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Caonaissa Won. (Attachments: # 1 Proposed Summons, # 2 Civil Cover Sheet) (Lusher, LaDonna) (Attachment 2 replaced on 5/24/2021) (Lee, Tiffeny). (Entered: 05/20/2021)

1 Proposed Summons

View on PACER

2 Civil Cover Sheet

View on PACER

Summons Issued as to All Defendants. (Bowens, Priscilla) (Entered: 05/20/2021)

In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) (Entered: 05/20/2021)

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Entered: 05/20/2021)

Case Assigned to Judge Rachel P. Kovner and Chief Magistrate Cheryl L. Pollak. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla)

Notice of Related Case: The Civil Cover Sheet filed in this civil action indicates a related case. (Bowens, Priscilla)

Case Assigned/Reassigned

Notice of Related Case Assignment/Designation

ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Robert M. Levy for all further proceedings. Chief Magistrate Cheryl L. Pollak no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such.Ordered by Chief Judge Margo K. Brodie on 5/21/2021. (Davis, Kimberly)

Order Reassigning Case

ORDER REASSIGNING CASE. Case reassigned to Judge Nicholas G. Garaufis and Magistrate Judge Ramon E. Reyes, Jr for all further proceedings. Judge Rachel P. Kovner, Magistrate Judge Robert M. Levy no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Ordered by Chief Judge Margo K. Brodie on 5/24/2021. (Bowens, Priscilla)

Order Reassigning Case

NOTICE of Appearance by Alanna Rose Sakovits on behalf of Caonaissa Won (aty to be noticed) (Sakovits, Alanna) (Entered: 06/02/2021)

SUMMONS Returned Executed by Caonaissa Won. Amazon.com Sales, Inc. served on 6/2/2021, answer due 6/23/2021. (Lusher, LaDonna) (Entered: 06/08/2021)

SUMMONS Returned Executed by Caonaissa Won. Amazon.com Services LLC served on 6/2/2021, answer due 6/23/2021. (Lusher, LaDonna) (Entered: 06/08/2021)

NOTICE of Appearance by Lauren Jill Elliot on behalf of Amazon.com Sales, Inc., Amazon.com Services LLC, Amazon.com, Inc. (aty to be noticed) (Elliot, Lauren) (Entered: 06/18/2021)

NOTICE of Appearance by Gabriell Frances Levin on behalf of Amazon.com Sales, Inc., Amazon.com Services LLC, Amazon.com, Inc. (aty to be noticed) (Levin, Gabriell) (Entered: 06/18/2021)

Letter MOTION for Extension of Time to File Answer re 1 Complaint, by Amazon.com Sales, Inc., Amazon.com Services LLC, Amazon.com, Inc.. (Levin, Gabriell) (Entered: 06/18/2021)

ORDER granting 10 Motion for All Defendants Extension of Time to Answer or move, or otherwise respond to the the Complaint by 7/23/2021. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 6/21/2021. (Vertus, Miriam)

Order on Motion for Extension of Time to Answer

Corporate Disclosure Statement by Amazon.com Sales, Inc., Amazon.com Services LLC, Amazon.com, Inc. identifying Corporate Parent Amazon.com, Inc., Corporate Parent Amazon.com Services for Amazon.com Sales, Inc.. (Levin, Gabriell) (Entered: 06/22/2021)

NOTICE of Appearance by Brian Alan Richman on behalf of Amazon.com Sales, Inc., Amazon.com Services LLC, Amazon.com, Inc. (aty to be noticed) (Richman, Brian) (Entered: 07/09/2021)

MOTION to Appear Pro Hac Vice of JASON C. SCHWARTZ Filing fee $ 150, receipt number ANYEDC-14644128. by Amazon.com Sales, Inc., Amazon.com Services LLC, Amazon.com, Inc.. (Attachments: # 1 Declaration Jason C. Schwartz, # 2 Exhibit A - Certificates of Good Standing, # 3 Proposed Order) (Schwartz, Jason) (Entered: 07/09/2021)

ORDER granting 13 Motion for Jason C. Schwartz Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150.00 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 7/9/2021. (Vertus, Miriam)

Order on Motion for Leave to Appear Pro Hac Vice

SUMMONS Returned Executed by Caonaissa Won. Amazon.com, Inc. served on 6/23/2021, answer due 7/23/2021. (Lusher, LaDonna) (Entered: 07/21/2021)

Letter MOTION for pre motion conference re 1 Complaint, and anticipated Motion to Dismiss, Letter MOTION for Extension of Time to File Answer re 1 Complaint, by Amazon.com Sales, Inc., Amazon.com Services LLC, Amazon.com, Inc.. (Levin, Gabriell) (Entered: 07/23/2021)

ORDER: Defendants' 15 application for a pre-motion conference is GRANTED. Defendants' obligation to respond to the Complaint is stayed until 14 days after the date of the conference or, if motion practice continues, 14 days following decision on the motion. The parties are DIRECTED to confer and to contact the court's Deputy at Joseph_Reccoppa@nyed.uscourts.gov to schedule the pre-motion conference. Ordered by Judge Nicholas G. Garaufis on 7/28/2021. (Freund, Zachary)

Order on Motion for Pre Motion Conference AND Order on Motion for Extension of Time to Answer

Letter Response re Pre-Motion Letter by Caonaissa Won (Attachments: # 1 Exhibit 1 - Unlawful Termination Action_First Amended Complaint) (Lusher, LaDonna) (Entered: 08/13/2021)

Minute Entry for proceedings held before Judge Nicholas G. Garaufis: Pre-motion conference held via video on August 17, 2021. Counsel for Plaintiff and for Defendants present via video. Defendants' request for leave to move to dismiss is GRANTED. Defendants will serve the opening motion by October 1; Plaintiff will serve the opposition by November 1; and Defendants will serve the reply, if any, and file the fully briefed motions by November 22. (Court Reporter Denise Parisi.) (Baron, Laura)

Pre Motion Conference

NOTICE of Appearance by Michael Joseph Scimone on behalf of Caonaissa Won (aty to be noticed) (Scimone, Michael) (Entered: 10/18/2021)

AMENDED COMPLAINT against Amazon.com Sales, Inc., Amazon.com Services LLC, Amazon.com, Inc., filed by Caonaissa Won. (Lusher, LaDonna) (Entered: 10/22/2021)

NOTICE of Appearance by Jason Schwartz on behalf of Amazon.com Sales, Inc., Amazon.com Services LLC, Amazon.com, Inc. (notification declined or already on case) (Schwartz, Jason) (Entered: 11/05/2021)

Letter MOTION for Extension of Time to File - Letter Motion for Extension of Time and for Briefing Adjustment and Page Extension, or, in the alternative, for Pre-Motion Conference by Amazon.com Sales, Inc., Amazon.com Services LLC, Amazon.com, Inc.. (Attachments: # 1 Exhibit 1 - Redline of Complaints) (Schwartz, Jason) (Entered: 11/05/2021)

ORDER re 20 Motion for Extension of Time to File. Application granted. Reply of up to 20 pages approved. The motion will be considered as addressing the amended complaint. Extension of time to reply is also approved. So Ordered by Judge Nicholas G. Garaufis on 11/18/2021. (Lee, Tiffeny) (Entered: 11/18/2021)

MOTION to Dismiss Complaint by Amazon.com Sales, Inc., Amazon.com Services LLC, Amazon.com, Inc.. (Attachments: # 1 Memorandum of Law in Support Defendants' Motion to Dismiss, # 2 Declaration of Brian Richman in Support Defendants' Motion to Dismiss, # 3 Exhibit 1- Recognizing Amazon Reservists Article, # 4 Exhibit 2- Won I FAC, # 5 Memorandum in Opposition, # 6 Defendants' Reply in Support of Motion to Dismiss, # 7 Declaration of Brian Richman in Support Defendants' Motion to Dismiss, # 8 Exhibit 1- Owners Manual, # 9 Exhibit 2- Jury Duty Policy) (Schwartz, Jason) (Entered: 12/06/2021)

ORDER: The parties are DIRECTED to confer and to contact the court's Deputy at Joseph_Reccoppa@nyed.uscourts.gov by Tuesday, December 14 at 5pm to schedule the requested oral argument on Defendants' 22 motion to dismiss. The parties should advise Mr. Reccoppa of their availability for 12/20, 12/21, 12/22, 1/3, 1/4, and 1/5. Ordered by Judge Nicholas G. Garaufis on 12/13/2021. (Baron, Laura)

Order(Other)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 1/3/2022, before Judge Nicholas G. Garaufis. Court Reporter/Transcriber Andronikh Barna, Telephone number 718-613-2178. Email address: ambarna.crr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 3/2/2022. Redacted Transcript Deadline set for 3/12/2022. Release of Transcript Restriction set for 5/10/2022. (Barna, Andronikh) (Entered: 02/09/2022)

NOTICE by Caonaissa Won re 22 MOTION to Dismiss Complaint Notice of Supplemental Authority (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Scimone, Michael) (Entered: 04/04/2022)

NOTICE by Amazon.com Sales, Inc., Amazon.com Services LLC, Amazon.com, Inc. re 24 Notice(Other) --Defendants' Response to Notice of Supplemental Authority (Schwartz, Jason) (Entered: 04/12/2022)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on August 17, 2021, before Judge Garaufis. Court Reporter/Transcriber Denise Parisi, Telephone number 7186132605. Email address: deniseparisi72@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 6/13/2022. Redacted Transcript Deadline set for 6/23/2022. Release of Transcript Restriction set for 8/21/2022. (Parisi, Denise) (Entered: 05/23/2022)

MEMORANDUM & ORDER, Amazon's motion to dismiss Won's amended complaint is DENIED. Amazon.com Inc. and Amazon.com Sales Inc. are DISMISSED from the case without prejudice. Won's claims for injunctive and declaratory relief are both DISMISSED without prejudice. So Ordered by Judge Nicholas G. Garaufis on 8/19/2022. (Lee, Tiffeny)

ANSWER to 18 Amended Complaint by Amazon.com Services LLC. (Schwartz, Jason) (Entered: 09/02/2022)

SCHEDULING ORDER: Telephone Conference set for 9/27/2022 at 11:30 AM dialing the AT&T toll free number 1-888-684-8852 and Access code 5496961# to appear before Magistrate Judge Ramon E. Reyes, Jr. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 9/16/2022. (Vertus, Miriam)

Scheduling Order

ORDER: The parties are directed to file a joint status report on 9/27/2022, indicating how the parties intend to proceed with this case. The 9/27/2022 Telephone Conference is rescheduled for 10/13/2022 at 12:00 PM dialing the AT&T toll free number 1-888-684-8852 and Access code 5496961# to appear before Magistrate Judge Ramon E. Reyes, Jr. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 9/21/2022. (Vertus, Miriam)

1 - Terminate Deadlines and Hearings AND Order(Other) AND ~Util - Set Deadlines/Hearings

Letter MOTION for Extension of Time to File Joint Status Report by Caonaissa Won. (Scimone, Michael) (Entered: 09/23/2022)

ORDER granting 29 Motion for Extension of Time to File Status Report on 10/7/2022. The 10/13/2022 Telephone Conference is rescheduled for 10/25/2022 at 11:00 AM dialing 1-888-684-8852 and Access Code 5496961# to appear before Magistrate Judge Ramon E. Reyes, Jr. The parties should be prepared to address all of the scheduling matters in Fed. R. Civ. P. 16(b)(3), and counsel should confer as required by Fed. R. Civ. P. 26(f) prior to the 10/25/22 conference. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 9/26/2022. (Vertus, Miriam)

Order on Motion for Extension of Time to File AND 1 - Terminate Deadlines and Hearings AND ~Util - Set Deadlines/Hearings

STATUS REPORT -- Joint Status Report by Amazon.com Services LLC (Schwartz, Jason) (Entered: 10/07/2022)

ORDER: Due to unforeseen circumstances the 10/25/2022 teleconference time is adjourned to 03:00 PM, dialing 1-888-684-8852 and Access Code 5496961# to appear before Magistrate Judge Ramon E. Reyes, Jr. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 10/19/2022. (MV)

Order(Other) AND ~Util - Set Hearings AND 1 - Terminate Hearings

Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr:Telephone Conference held on 10/25/2022. Case called. Plaintiff represented by Michael Scimone and LaDonna Lusher. Defendants represented by Brian Richman and Gabriell Levin. Discussions held on the record. Parties directed to file a separate briefing scheduled re: class certification with the dates provided by the Court during the teleconference no later than 10/28/22. (FTR Log #RER Conference Bridge.) Contact the E.S.R., Dept., at (718) 613-2590 to order the transcript. (MV)

Telephone Conference AND ~Util - Set Deadlines

Proposed Scheduling Order by Amazon.com Services LLC (Schwartz, Jason) (Entered: 10/28/2022)

MOTION for Certificate of Appealability by Amazon.com Services LLC. (Attachments: # 1 Memorandum in Support / Defendant's Memorandum of Law in Support of Motion for Certification of this Court's August 19, 2022 Order for Interlocutory Appeal Under 28 U.S.C. § 1292(b), # 2 Memorandum in Opposition / Plaintiff's Memorandum of Law in Opposition to Defendant's Motion for Certification of this Court's August 19, 2022 Order for Interlocutory Appeal Under 28 U.S.C. § 1292(b), # 3 Memorandum in Support / Defendant's Reply Memorandum of Law in Support of Motion for Certification of this Court's August 19, 2022 Order for Interlocutory Appeal Under 28 U.S.C. § 1292(b)) (Schwartz, Jason) (Entered: 11/01/2022)

ELECTRONIC ORDER granting 31 Proposed Scheduling Order filed by Amazon.com Services LLC. See DKT. No. 31 SCHEDULING ORDER for all deadlines. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 11/2/2022. (MV)

Order(Other) AND ~Util - Set Deadlines

Letter to the Hon. Judge Raymond E. Reyes requesting a pre-motion conference re: Defendant's anticipated motion to consolidate by Amazon.com Services LLC (Levin, Gabriell) (Entered: 11/18/2022)

Letter to the Hon. Judge Ramon E. Reyes [Corrected] requesting a pre-motion conference re: Defendant's anticipated motion to consolidate by Amazon.com Services LLC (Levin, Gabriell) (Entered: 11/18/2022)

ORDER granting 34 Motion for Hearing. Pre Motion Hearing set for 12/13/2022 at 2:00 PM in Courtroom 13D South before Magistrate Judge Ramon E. Reyes, Jr..Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 11/23/2022. (AM)

Order on Motion for Hearing

Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr:Pre Motion Conference held on 12/13/2022. Case called. Appearances and Discussions held on the record. Parties have reached an agreement regarding case management, which they propose to memorialize in a stipulation and proposed order by 12/16/2022. (FTR Log #13D South 2:02:45-2:06:42.) Contact the E.S.R., Dept., at (718) 613-2590 to order the transcript. (MV)

Pre Motion Conference AND ~Util - Set Deadlines

Cases 20-cv-02811 and 21-cv-02867 are associated for the sole purpose of discovery. (MV)

ORDER terminating (37) Motion to Consolidate Cases; granting (37) Motion for Extension of Time to Complete Fact Discovery by 5/26/2023 in case 1:20-cv-02811-NGG-RER; terminating (38) Motion to Consolidate Cases; granting (38) Motion for Extension of Time to Complete Fact Discovery by 5/26/2023 1:21-cv-02867-NGG-RER. Pre Motion Hearing set for 2/21/2023 at 10:00 AM in Courtroom 13D South before Magistrate Judge Ramon E. Reyes, Jr in case 1:20-cv-02811-NGG-RER and in case 1:21-cv-02867-NGG-RER. (See DKT. No. 37 and 38 for all deadlines. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 12/19/2022. Associated Cases: 1:20-cv-02811-NGG-RER, 1:21-cv-02867-NGG-RER (MV)

~Util - Create Case Association

Order on Motion to Consolidate Cases AND Order on Motion for Extension of Time to Complete Discovery AND Order on Motion to Consolidate Cases AND Order on Motion for Extension of Time to Complete Discovery AND 1 - Terminate Deadlines and Hearings

ORDER granting (38) Motion to Continue; The parties therefore respectfully request that the Court adjourn the January 13, 2023 deadline for filing motions to compel, the February 13, 2023 deadline for filing responses and the February 21, 2023 hearing on said motions. The parties will otherwise continue on the discovery schedule set by the Court in its order consolidating Won I (1:20-cv-02811) and Won II (1:21-cv-02867). See Dkt. 37. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 1/13/2023. Associated Cases: 1:20-cv-02811-NGG-RER, 1:21-cv-02867-NGG-RER (MV).

Order on Motion to Continue AND 1 - Terminate Deadlines and Hearings

ORDER granting (39) Motion for Extension of Time to Complete Discovery by 6/16/2023. in case 1:20-cv-02811-NGG-RER; granting (39) Motion for Extension of Time to Complete Discovery by 6/16/2023. in case 1:21-cv-02867-NGG-RER in case 1:20-cv-02811-NGG-RER in case 1:21-cv-02867-NGG-RER. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 5/24/2023. Associated Cases: 1:20-cv-02811-NGG-RER, 1:21-cv-02867-NGG-RER (MV)

ORDER granting 40 Motion for Extension of Time to Complete Discovery. See Dkt. No. 40 for all deadlines. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 6/20/2023. Associated Cases: 1:21-cv-02867-NGG-RER, 1:20-cv-02811-NGG-RER. (CG)

ORDER granting in part 41 Motion for Pre Motion Conference. Video Conference set for 7/21/2023 at 11:00 AM before Magistrate Judge Ramon E. Reyes, Jr. The attorneys are directed to appear via video using the Zoomgov invitation link sent to the email addresses listed on the docket and all other participates may join by phone dialing 1 551 285 1373 (US) Meeting ID: 160 3343 2842Passcode: 297706. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 7/7/2023. (MV)

Minute Order for Video Pre Motion Conference proceedings held on 7/21/2023 in case 1:20-cv-02811-NGG-RER and 1:21-cv-02867-NGG-RER before Magistrate Judge Ramon E. Reyes, Jr: Plaintiff represented by, Michael Scimone, LaDonna Lusher, Alanna Sakovits. Jennifer Davidson and Emma R. Janger. Defendant Amazon.com Services LLC represented by Brian Richman. Discussions held re 43 Letter MOTION for pre motion conference re Motion to Compel Production of Documents and Designation of Witnesses filed by Caonaissa Won in case no. 21-cv-02867-NGG-RER Won v. Amazon.com, Inc. et al; ( 41 Letter MOTION for pre motion conference re Motion to Compel Designation of Witness filed by Caonaissa Won in case no. 20-cv-02811-NGG-RER Won v. Amazon.com Services, Inc.). Rulings on the record re 41 and 43 Motion to Compel Production of Documents and Designation of Witnesses. (FTR Log #RER Webex Audio.) Contact the E.S.R., Dept., at (718) 613-2590 to order the transcript. Associated Cases: 1:20-cv-02811-NGG-RER, 1:21-cv-02867-NGG-RER(MV)

ORDER granting (46) Motion for Extension of Time to Complete Discovery in the Individual Action and class certification in the Class Action be extended to November 22, 2023. The following class-certification briefing schedule for the Class Action: Motion for Class Certification to be served on or before December 21, 2023; If Defendant decides not to produce an expert report in opposing Plaintiffs motion for class certification, Defendant's opposition will be served on or before January 22, 2024. Plaintiff's reply will be served, and the fully-briefed motion filed, on or before February 21, 2024.; If Defendant decides to produce an expert report in opposing Plaintiffs motion forclass certification, Defendants opposition and expert report will be served on or before February 21, 2024. Plaintiffs reply and rebuttal expert report, if any, will be served, and the fully-briefed motion filed, on or before March 21, 2024. in case 1:20-cv-02811-NGG-RER; granting (47) Motion for Extension of Time to Complete Discovery in case 1:21-cv-02867-NGG-RER. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 9/18/2023. Associated Cases: 1:20-cv-02811-NGG-RER, 1:21-cv-02867-NGG-RER (MV)

Case Reassigned to Magistrate Judge Joseph A. Marutollo. Magistrate Judge Ramon E. Reyes, Jr no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (KA)

ORDER granting in part and denying in part 47 48 MOTION for Extension of Time to Complete Discovery: The Court is in receipt of Plaintiff's Motion for an Extension of Time to Complete Discovery. In light of the representations made in Plaintiff's submission, the Court orders that: (1) the parties shall conduct additional depositions and produce certain ESI and documents related to Plaintiff's individual action by no later than February 22, 2024; and (2) class certification discovery shall be extended to December 22, 2023. A status conference will be held on December 8, 2023 at 1:00 p.m. via Zoom to resolve any outstanding discovery issues, including whether a further extension to the class certification discovery deadline is warranted. The parties will receive a video conference access link by email. The parties shall log in ten (10) minutes before the video conference. The public may access the audio of the video conference by dialing toll free number +1 571-353-2301 and entering meeting code 190170369. Persons granted remote access to proceedings are reminded that photographing, recording, or rebroadcasting of any Court proceeding or communication with the Court is prohibited. SO ORDERED by Magistrate Judge Joseph A. Marutollo on 11/22/2023. (EG) Modified on 11/22/2023 to fix typographical error. (EG).

SCHEDULING ORDER: The December 8, 2023 status conference is RESCHEDULED to December 7, 2023 at 2 p.m. The video access link remains the same. Ordered by Magistrate Judge Joseph A. Marutollo on 11/30/2023. (EG)

ORDER granting in part and denying in part (47) Motion for Extension of Time to Complete Discovery in case 1:20-cv-02811-NGG-JAM. As set forth in the Court's November 23, 2023 order in 21-cv-2867, the Court is in receipt of Plaintiff's Motion for an Extension of Time to Complete Discovery. In light of the representations made in Plaintiff's submission, the Court orders that: (1) the parties shall conduct additional depositions and produce certain ESI and documents related to Plaintiff's individual action by no later than February 22, 2024; and (2) class certification discovery shall be extended to December 22, 2023. A status conference will be held on December 7, 2023 at 2:00 p.m. via Zoom to resolve any outstanding discovery issues, including whether a further extension to the class certification discovery deadline is warranted. The parties will receive a video conference access link by email. The parties shall log in ten (10) minutes before the video conference. The public may access the audio of the video conference by dialing toll free number +1 571-353-2301 and entering meeting code 190170369. Persons granted remote access to proceedings are reminded that photographing, recording, or rebroadcasting of any Court proceeding or communication with the Court is prohibited. Ordered by Magistrate Judge Joseph A. Marutollo on 12/3/2023. Associated Cases: 1:20-cv-02811-NGG-JAM, 1:21-cv-02867-NGG-JAM (JAM)

ORDER granting in part and denying in part (48) Motion for Extension of Time to Complete Discovery in case 1:20-cv-02811-NGG-JAM. Ordered by Magistrate Judge Joseph A. Marutollo on 12/3/2023. Associated Cases: 1:20-cv-02811-NGG-JAM, 1:21-cv-02867-NGG-JAM (JAM)

Minute Order/Entry for proceedings held before Magistrate Judge Joseph A. Marutollo: A virtual conference was held on December 7, 2023, to discuss outstanding discovery issues. Counsel for the parties appeared. Discussions were held on the record. The parties were directed to continue using their best efforts in locating and producing electronically stored information (ESI) before December 31, 2023. Defendants were directed to produce ESI documents on a rolling basis. For the reasons stated on the record, the Court's September 18, 2023 order is amended as follows. The Motion for Class Certification shall be served on or before January 23, 2024. If Defendant decides not to produce an expert report in opposing Plaintiff's motion for class certification, Defendant's opposition will be served on or before February 23, 2024, with Plaintiff's reply to be served, and the fully-briefed motion filed, on or before March 14, 2024. If Defendant decides to produce an expert report in opposing Plaintiffs motion for class certification, Defendants opposition and expert report will be served on or before March 25, 2024, with Plaintiffs reply and rebuttal expert report, if any, to be served, and the fully-briefed motion filed, on or before May 6, 2024.The parties shall file a joint status report by January 5, 2024, apprising the Court of (i) the status of discovery and (ii) whether the parties are interested in participating in a settlement conference. Contact the E.S.R. Department at (718) 613-2590 to order the transcript. Ordered by Magistrate Judge Joseph A. Marutollo on 11/17/2023 Associated Cases: 1:21-cv-02867-NGG-JAM, 1:20-cv-02811-NGG-JAM (EG)

STATUS REPORT ORDER - The parties shall file a joint status report by February 2, 2024. Status Report due by 2/2/2024.Ordered by Magistrate Judge Joseph A. Marutollo on 1/5/2024. Associated Cases: 1:21-cv-02867-NGG-JAM, 1:20-cv-02811-NGG-JAM (JAM)

ORDER granting (51) Motion for Extension of Time to Complete Discovery in case 1:20-cv-02811-NGG-JAM. The Parties shall complete discovery in the Individual Action by April 22, 2024. There shall be no further extensions of discovery deadline. The parties in 20-cv-2811 shall file a joint status report by March 8, 2024. Ordered by Magistrate Judge Joseph A. Marutollo on 2/22/2024. Associated Cases: 1:20-cv-02811-NGG-JAM, 1:21-cv-02867-NGG-JAM (Marutollo, Joseph)

STATUS REPORT ORDER - The parties shall file a joint status report by April 1, 2024.Ordered by Magistrate Judge Joseph A. Marutollo on 3/8/2024. Associated Cases: 1:20-cv-02811-NGG-JAM, 1:21-cv-02867-NGG-JAM (Marutollo, Joseph)

ORDER: The Court is in receipt of the parties' joint status report. In the Individual Action, 20-cv-2811 (NGG) (JAM), the Court reminds the parties that all discovery shall be completed by April 22, 2024. The Court reiterates that there shall be no further extensions of the discovery deadline. The parties in 20-cv-2811 shall certify the close of all discovery on April 22, 2024. The Court will hold an in-person settlement conference in both actions on June 18, 2024 at 2 p.m. before Magistrate Judge Joseph A. Marutollo in Courtroom N324. The parties shall submit, by June 10, 2024, ex parte settlement letters to Judge Marutollo's chambers via email (marutollo_chambers@nyed.uscourts.gov). The parties are further directed to comply with Rule III.C.3 of Judge Marutollo's Individual Practices and Rules regarding who must appear at the settlement conference. All parties, including a representative from Defendant Amazon, shall appear in person. Ordered by Magistrate Judge Joseph A. Marutollo on 4/1/2024. Associated Cases: 1:20-cv-02811-NGG-JAM, 1:21-cv-02867-NGG-JAM (Marutollo, Joseph)

ORDER- The Court denies Plaintiff's April 19, 2024 letter seeking an extension of the April 22, 2024 discovery deadline in the 20-cv-2811 (NGG) (JAM) action ("the Individual Action"). As an initial matter, Plaintiff's letter 54 in the Individual Action is not docketed as a motion and does not indicate whether Defendants consent to the request. Notwithstanding those procedural deficiencies, Plaintiff's request does not demonstrate good cause as to why discovery should be extended. The initial conference was held here almost four years ago. Discovery was initially scheduled to close over three years ago. See 12 and Minute Entry dated September 24, 2020. There have been at least 10 requests for extensions of discovery deadlines in this case. On February 22, 2024, the Court ordered that "[t]he parties shall complete discovery in the Individual Action by April 22, 2024. There shall be no further extensions of [the] discovery deadline." On April 1, 2024, the Court reminded the parties again in the Individual Action that "all discovery shall be completed by April 22, 2024" and "reiterate[d] that there shall be no further extensions of he discovery deadline." Plaintiff does not provide good cause to extend the discovery deadline any further. The parties shall therefore certify the close of discovery on April 22, 2024.The final date to take the first step in dispositive motion practice, if any, shall be April 29, 2024. The parties are directed to comply with Judge Garaufis's rules regarding dispositive motion practice. The parties are also directed to comply with Judge Garaufis's rules regarding pre-trial submissions. Ordered by Magistrate Judge Joseph A. Marutollo on 4/19/2024. Associated Cases: 1:20-cv-02811-NGG-JAM, 1:21-cv-02867-NGG-JAM (JAM)

ORDER granting 56 . Attorney Gabriell Frances Levin terminated. Ordered by Magistrate Judge Joseph A. Marutollo on 6/11/2024. (EG)

Minute Entry for proceedings held before Magistrate Judge Joseph A. Marutollo: A settlement conference was held on June 18, 2024 before Magistrate Judge Marutollo. All parties appeared. The parties were unable to reach a settlement. The parties are encouraged to continue settlement negotiations. Associated Cases: 1:20-cv-02811-NGG-JAM, 1:21-cv-02867-NGG-JAM (Not Recorded) (JAM)

ORDER REFERRING MOTIONS: Plaintiff's 54 Motion for Class Certification and the parties' accompanying 55 joint sealing motion are respectfully REFERRED to Magistrate Judge Joseph A. Marutollo for a Report and Recommendation pursuant to 28 U.S.C. § 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b)(1). So Ordered by Judge Nicholas G. Garaufis on 6/21/2024. (DP)

Case Reassigned to Magistrate Judge Lara K. Eshkenazi. Magistrate Judge Joseph A. Marutollo no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Motions referred to Lara K. Eshkenazi. (AM)

ORDER: The parties' Joint Motion to Seal 55 provides no legal argument as to the basis for sealing the bundled Motion to Certify Class 54 . The parties are directed to submit a memorandum of law and accompanying affidavits, if necessary, by 11/12/2024. The submission should establish a legal basis for sealing the Motion to Certify Class 54 under the factors outlined in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006) and its progeny. Simply citing to the existence of a Protective Order does not satisfy the requirements of Lugosch. See Collado v. City of New York, 193 F. Supp. 3d 286, 290-91 (S.D.N.Y. 2016) ("that a document was produced in discovery pursuant to a protective order has no bearing on the presumption of access that attaches when it becomes a judicial document.") (citing Raffaele v. City of New York, No. 13-CV-4607 (KAM) (VVP), 2014 WL 2573464 (E.D.N.Y. June 9, 2014)); see also Armouth Int'l, Inc. v. Fallas, No. 19-CV-3669 (RA) (VF), 2023 WL 2975154, at *1 (S.D.N.Y. Mar. 31, 2023) (broad citations to [a] Protective Order do not satisfy Lugosch and are, in any event, insufficient to overcome the presumption of access as the mere existence of a confidentiality order says nothing about whether complete reliance on the order to avoid disclosure [is] reasonable.") (citing Tromblee v. New York, No. 19-CV-638 (BKS)(CFH), 2022 WL 17266979, at *4 (N.D.N.Y. Nov. 29, 2022)). So Ordered by Magistrate Judge Lara K. Eshkenazi on 10/25/2024. (DL)

SCHEDULING ORDER: An in-person oral argument on Plaintiff's Motion to Certify Class 54 will be held before Magistrate Judge Lara K. Eshkenazi on 01/16/2025 at 10:30 AM in courtroom N322. So Ordered by Magistrate Judge Lara K. Eshkenazi on 10/29/2024. (MED)

ORDER granting in part 55 Joint Motion to Seal. Upon review of Plaintiff's letter 57 and Defendant's Memorandum in Support of its Motion to Seal 58, for the reasons stated in Defendant's Memorandum, the Court finds that the enumerated exhibits in Defendant's Memorandum 58 contain confidential business information that overrides the public's right of access to the documents. See Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006); W.J. Deutsch & Sons Ltd. v. Diego Zamora, S.A., No. 21-CV-11003 (LTS), 2022 WL 890184, at *3 (S.D.N.Y. Mar. 25, 2022). Accordingly, the following documents are to be sealed: ECF Nos. 54-7, 54-10, 54-12, 54-13, 54-14, 54-15, 54-16, 54-17, 54-18, 54-19, 54-20, 54-21, 54-22, 54-24, 54-42, 54-43, 54-47, and 54-48.Counsel is directed to file the original documents under seal as a separate entry. For instructions on filing sealed documents on ECF, see Steps for E-filing Sealed Documents Civil Cases . Counsel is also directed to file a public, redacted version of the documents contemporaneous with the filing of the sealed documents. To aid the parties and the Court, when filing the approved documents under seal and the unsealed, redacted versions, the parties are directed to make clear in the docket text which publicly-filed, redacted document relates to which sealed document, and vice-versa, and the original ECF Number for the document when it was first filed. When filing Exhibits, counsel must indicate the original ECF Number in the description of the document. So Ordered by Magistrate Judge Lara K. Eshkenazi on 11/25/2024. (DL)

MINUTE ENTRY: A hearing was held before Magistrate Judge Lara K. Eshkenazi on 01/16/2025 for Plaintiffs Motion to Certify Class 54 . Appearances by Michael Scimone and Emma Janger for Plaintiff and Jason Schwartz and Brian Richman for Defendant. (MED)

ORDER: The court is in receipt of Plaintiff's 64 letter requesting a pre-motion conference in anticipation of Plaintiff's motion for leave to further amend the pleadings. The court understands that Defendant opposes Plaintiff's anticipated motion. 64 at 4. The court hereby DIRECTS Defendant to submit a letter to the court explaining the reasoning behind its opposition by February 26, 2025. So Ordered by Judge Nicholas G. Garaufis on 2/21/2025. (ANA)

ORDER: The court is in receipt of Magistrate Judge Lara K. Eshkenazi's 62 Report and Recommendation on Plaintiff's 54 Motion to Certify Class and the parties' 63, 65 objections. On January 24, 2025, the Supreme Court granted certiorari in Laboratory Corp. of America Holdings v. Davis, No. 24-304 (U.S.), limited to the following question: "Whether a federal court may certify a class action pursuant to Federal Rule of Civil Procedure 23(b)(3) when some members of the proposed class lack any Article III injury." The court notes that Defendant reserves objections in light of the Supreme Court's forthcoming decision in Laboratory Corp. of America Holdings . 65 at 21. Accordingly, the court RESERVES DECISION on Plaintiff's Motion pending the Supreme Court's decision and supplemental briefing from the parties addressing the decision's impact on this case. The court is in receipt of Defendant's 66 letter in response to the court's February 21, 2025 order directing Defendant to explain its reasoning behind its opposition to Plaintiff's anticipated motion to further amend the pleadings. The court GRANTS Plaintiff's 64 application for a pre-motion conference. The parties are DIRECTED to confer and contact the court's Deputy at Joseph_Reccoppa@nyed.uscourts.gov to schedule the pre-motion conference. So Ordered by Judge Nicholas G. Garaufis on 2/27/2025. (ANA)